Browse our blog posts on New York non-compete agreement infromation.
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Why Noncompetes in Commercial Contracts Are More Readily Enforceable Than in Employment AgreementsIn a March 27, 2024 decision, a NY appeals court laid out why noncompetes in commercial contracts are more readily enforceable than in the employment context
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Why the Bar to Prove Information is a Trade Secret is Lower in Maryland Than New YorkA Maryland court's recent decision laying out the criteria for information to qualify as a trade secret shows the stark contrast with other jurisdictions
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Why Liquidated Damages Clauses Don't Limit Ex-Employer's Damages Under Maryland Trade Secret LawIn a recent decision, a Maryland appeals court explains how a liquidated damages clause doesn't cap a former employer's damages for trade secret theft
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Both Competitor and Former Employees Can Be Liable for Damages for Trade Secret Misappropriation & Violation of Non-CompetesA December 26, 2023 appellate decision confirms that both a competitor and an ex-employee can be held liable for the same misappropriation of trade secrets
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Ga. Appellate Ruling Upholds Blue-Pencilling of NoncompeteIn response to a former employer's appeal of a trial court's whittling down of its noncompete agreement, a Georgia appeals court upheld the noncompete - in part
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Best Strategies for Dealing with TRO Applications in Trade Secret Theft CasesA few months back, I spoke as a panelist about Strategies for Success for TROs and Preliminary Injunctions, Whether You are Seeking or Defending.
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Cooper Discusses Some of the Challenges in Establishing a Trade Secret Theft ClaimAs a panelist at Practising Law Institute, Jonathan Cooper discussed some of the challenges inherent in proving trade secret theft claims under NY law
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Is a Trial Court's Order Denying (or Granting) a TRO Appealable?Given what's at stake when a party seeks emergent injunctive relief, a question that should be asked is what a party can do if the trial court rules against them
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What Can Happen When a Former C-Level Exec Deletes Emails in a Misappropriation CaseIn a September 1 decision, a Delaware trial court handed down a truly stinging ruling holding accountable a former CEO for misappropriating trade secrets
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Holding Noncompete Non-Binding as to Former Execs, Court Dismisses ClaimsIn a rare decision that cited poor contract drafting as the culprit, a Delaware court dismissed claims that former execs breached their noncompete agreements
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True, Lawyers Can't be Held to Noncompetes in NY; But the Rationale for that Rule is Terribly WeakThere is one case where a noncompete agreement is inherently unenforceable under New York law - when it pertains to lawyers. But the reasoning is weak.
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Relying on Circumstantial Evidence, Appeals Court Affirms $1.7MM Award for Violation of NoncompeteCircumstantial evidence, in conjunction with an adverse inference against defendants who had spoliated evidence, was enough to sustain a noncompete judgment